Below are some common questions that ASSIST is asked about cases going through criminal court.
My (ex) partner has been charged but I do not want the case to go to court. Can I drop the charges?
No. When police are called out to an incident, they will carry out investigations to establish if a crime has been committed. If there is evidence of a crime, they will charge the person suspected of committing that crime and send a report to the Crown office and Procurator Fiscal Service (COPFS). A Procurator Fiscal will then look at the case and if they decide there is enough evidence, and it is in the public's interest, it will go through court. For this reason, you, as the person who was the victim of the crime, does not decide whether the case goes to court or not. However, you can share how you feel about it through your ASSIST worker or by contacting COPFS directly.
You can find out more about how the police and COPFS deal with crime in Scotland by clicking here.
Can I talk to my (ex) partner, if they have bail conditions not to approach or contact me?
There may be times during the court process when you want to speak to your (ex) partner. However, bail conditions are an instruction by either Police Scotland, or a Sheriff and it is a criminal offence to breach them. Your (ex) partner could be charged with breaching their bail conditions, even if you have chosen to meet or speak with them. Breaching bail can result in someone being sent to prison, until their case is heard at court. If you actively contact them, and the police become aware of this, they might take action against you. Any breaches of the bail conditions can lead to another court case and the process taking much longer.
If your (ex) partner is breaching their bail conditions, you can report this to the police on 101. If you are at immediate risk or danger, you should call 999.
Can I get the bail conditions dropped?
There will be times when bail conditions are put in place by the police, or at court by a Sheriff, that might not be what you want.
The police may put bail conditions in place, for your safety, to prevent your (ex) partner from contacting you until they appear at court. At court, a Sheriff will decide if bail conditions are needed, either for your protection, or for the criminal justice process to proceed fairly.
Only a Sheriff can decide to change or remove bail conditions at a bail review hearing. A bail hearing can only be requested by the defence solicitor or the Procurator Fiscal. You can contact COPFS to let them know that you want the bail conditions removed or ask your ASSIST worker to share your views with them for the next court hearing. However, this does not guarantee that a bail hearing will take place or that the conditions will be changed.
If a bail hearing is set, the defence solicitor might contact you to ask if you would support the conditions being changed or removed. You do not need to agree to this but if you do, they may ask you to put it in writing to them.
If you are being put under pressure to ask for bail conditions to be removed, you can report this to the police on 101. If you are at immediate risk or danger, you should call 999.
My (ex) partner has bail conditions not to have contact with me, can they still see our children?
Unless your children are named in the bail conditions or there is something else in place preventing contact e.g. a court or social work order, then your (ex) partner can still see them. However, they will not be able to contact you to make any arrangements, so this might need to be done through a family member, friend or solicitor.
If you feel that child contact is putting you or your children at risk, speak to your ASSIST worker, or solicitor, if you have one. However, if there is an immediate risk you should speak to the police.
If you are having issues with child contact, you can speak to a solicitor that deals with family law, or get in touch with the Scottish Child Law Centre for advice.
I have received a citation to attend court for a criminal case - do I need a solicitor/lawyer?
No. Only the person charged by the police needs to get a solicitor (known as the defence solicitor). If you are the victim of the crime, also known as the Complainer, you are a witness for the prosecution (Procurator Fiscal).
What can I expect when I go to court?
Be prepared to be at court for the full day - you might not be there for this long, but it can happen. This means that you might need to arrange for someone to look after your children, as you will not be able to take them with you to court and may not be available to collect them after school/nursery.
When you arrive at court, you will be shown to a witness room, where you will wait until you are called to give evidence. There may be people, other than the witnesses for your case, waiting in this room. Your (ex) partner will be in a different waiting room to you.
When you go into the court room, there should be a screen, so that you can't see the accused person. This is to help when you are giving your evidence however, you can ask for it to be removed. If you choose to have the screen, the accused person will be able to see you through a video monitor, but they are not allowed to communicate with you.
The Procurator Fiscal and the defence solicitor will ask you questions about what happened during the incident that has been reported to the police. A Sheriff, or a Jury, will then consider all the evidence and decide whether the accused person is guilty or not guilty. This decision will normally be made after you have left the court however, your ASSIST worker will phone you with an update.
Virtual Tours of Scottish Courts offers interactive tours of all the courthouses in Scotland, which lets you see what the courts look like and what you can expect when you attend.
Will there be a jury?
Not always. When the Procurator Fiscal assesses the evidence sent by the police, they will decide if the case will be Summary or Solemn, also known as Petition. Summary cases do not have a jury and it will be a Sheriff who decides if the accused person is guilty or not. If the charges are more serious, it will be a Solemn or Petition case and a jury will decide if the accused person is guilty or not. If your case is at the High Court, there will always be a jury.
If you do not know whether or not there will be a jury for your case, you can contact COPFS or speak to your ASSIST worker.
Can my ASSIST worker come to court with me?
ASSIST is a phone service, so we are not normally able to go to court with you. We can link you in with the Witness Service, for the court you are attending, who might be able to offer support on the day of the court hearing. To find out more about the support offered by the Witness Service, speak to your ASSIST worker or click here.
However, if your child has been cited to give evidence, or you are aged 20 and under, your ASSIST worker might be able to go to court with you.
If you are getting support from another service e.g. Women's Aid, they might be able to go to court with you.
Will my (ex) partner be sent to prison, if so, how long for?
ASSIST cannot say if someone will be sent to prison or how long for. This decision is made by a Sheriff or Judge (if it is a high court case), based on what the law says and the circumstances of the case. The Sheriff, or Judge, has several options they can consider when someone is found guilty. They might decide to give someone a custodial sentence (prison), a community sentence (non-prison) or a fine. The option chosen will depend on several factors, including the type/seriousness of the crime, and any other past convictions.
The maximum sentences for criminal cases are:
Sheriff Court Summary (Sheriff only): £10,000 fine or 12 months in prison
Sheriff Court Solemn (Sheriff and Jury): Unlimited fine or five years in prison
High Court Solemn (Judge and Jury): No limits on the fine or length of prison sentence
Click here for more information on sentencing and the maximum sentence that can be given.
If you have any questions about the court process, please speak to your ASSIST worker.
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